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Design And Build Agreement
"I need a Design and Build Agreement under German law for a commercial data center project in Munich, with specific provisions for power supply infrastructure and cooling systems, targeted for construction start in March 2025."
1. Parties: Identification of the employer and the design-build contractor, including their legal status and registered addresses
2. Background: Context of the agreement, project overview, and basis of the parties' relationship
3. Definitions and Interpretation: Definitions of key terms and principles of interpretation of the agreement
4. Scope of Works: Detailed description of both design and construction obligations, including project objectives and requirements
5. Contract Documents: Hierarchy and precedence of contract documents, including employer's requirements and contractor's proposals
6. Design Obligations: Contractor's design responsibilities, design development process, and approval requirements
7. Construction Obligations: Construction methodology, standards, and specific requirements for the works
8. Time and Programme: Project timeline, milestones, completion dates, and delay provisions
9. Price and Payment: Contract price, payment schedule, variations, and payment procedures
10. Quality and Compliance: Quality standards, testing requirements, and compliance with regulations
11. Risk and Insurance: Risk allocation, required insurance coverage, and liability provisions
12. Variations: Procedures for handling changes to the works and their impact on time and cost
13. Testing and Completion: Completion criteria, testing procedures, and handover requirements
14. Defects Liability: Defects notification period, remediation obligations, and warranties
15. Termination: Grounds and procedures for contract termination by either party
16. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
17. Governing Law: Confirmation of German law as governing law and jurisdiction
1. Performance Security: Requirements for performance bonds or guarantees - include when project value exceeds certain thresholds
2. Environmental Requirements: Specific environmental obligations - include for projects with significant environmental impact
3. Site Conditions: Provisions regarding site access and ground conditions - include when site has specific challenges or restrictions
4. Intellectual Property: IP rights and licenses - include when design elements have significant IP implications
5. Force Majeure: Force majeure events and consequences - while common, can be optional for smaller projects
6. Parent Company Guarantee: Parent company support requirements - include when contractor's financial strength needs reinforcement
7. Subcontracting: Subcontracting requirements and restrictions - include for larger projects with significant subcontracted elements
8. Building Information Modeling: BIM requirements and protocols - include when BIM is required for the project
1. Schedule 1 - Employer's Requirements: Detailed technical and functional requirements for the project
2. Schedule 2 - Contractor's Proposals: Contractor's technical solutions and methodologies
3. Schedule 3 - Price and Payment Schedule: Detailed breakdown of contract price and payment milestones
4. Schedule 4 - Programme: Detailed project timeline and milestones
5. Schedule 5 - Site Information: Site details, surveys, and existing conditions
6. Schedule 6 - Design Documents: Initial design documents and development requirements
7. Schedule 7 - Forms of Certificates: Templates for various project certificates
8. Schedule 8 - Forms of Bonds and Guarantees: Required forms of security documents
9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and requirements
10. Schedule 10 - Key Personnel: List of key personnel from both parties and their roles
Authors
Commercial Real Estate
Residential Development
Industrial Construction
Infrastructure Development
Healthcare Facilities
Education Facilities
Retail Development
Hospitality
Data Centers
Manufacturing Facilities
Renewable Energy
Transportation
Legal
Commercial
Construction
Design
Procurement
Risk Management
Project Management
Technical Services
Finance
Operations
Quality Assurance
Business Development
Project Director
Construction Manager
Design Manager
Contract Manager
Commercial Director
Legal Counsel
Project Architect
Chief Engineer
Procurement Manager
Risk Manager
Technical Director
Development Manager
Cost Controller
Quality Assurance Manager
Operations Director
Finance Director
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